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Selling property, tenant can’t afford to move

2

Comments

  • ProDave
    ProDave Posts: 3,785 Forumite
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    I see this forum often advises offering a T a cash incentive to vacate quietly on time without fuss.

    Is that a wise thing?

    What if the T is adamant they are not going to leave. Would the fact the LL had previously offered an incentive for the T to leave work in favour of the LL or in favour of the T if the eviction went to tribunal?
  • user1977
    user1977 Posts: 18,334 Forumite
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    ProDave said:

    What if the T is adamant they are not going to leave. Would the fact the LL had previously offered an incentive for the T to leave work in favour of the LL or in favour of the T if the eviction went to tribunal?
    I think it's entirely neutral. Landlord and tenant are always free to try to negotiate a surrender.
  • TripleH
    TripleH Posts: 3,188 Forumite
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    It might sound daft, but is it worth finding out the tenant's endgame? Are they pushing for council housing?
    If you talk through what's going on you could avoid issues especially if you sell the idea that they could remain if seen as good tenants.
    May you find your sister soon Helli.
    Sleep well.
  • propertyrental
    propertyrental Posts: 3,391 Forumite
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    ProDave said:
    I see this forum often advises offering a T a cash incentive to vacate quietly on time without fuss.

    Is that a wise thing?

    What if the T is adamant they are not going to leave. Would the fact the LL had previously offered an incentive for the T to leave work in favour of the LL or in favour of the T if the eviction went to tribunal?
    It would make no difference either way.
  • Emily_Joy
    Emily_Joy Posts: 1,526 Forumite
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    edited 18 March 2023 at 3:28PM
    Not that it is going to help the OP, but hypothetically... The LL wants to sell and serves S21, which turns out to be invalid (twice). Then they offer cash to the tenant to move out. The tenant with this bit of cash can now afford the place himself so doesn't need to move (or moves to a friend's dining room to sleep on a couch for a bit). Then the day the house goes on the market the tenant walks to the EA office to make an offer...  Would this be legally acceptable? (Taking into account the fact that effectively LL has funded the purchase).
  • user1977
    user1977 Posts: 18,334 Forumite
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    Emily_Joy said:
    Not that it is going to help the OP, but hypothetically... The LL wants to sell and serves S21, which turns out to be invalid (twice). Then they offer cash to the tenant to move out. The tenant with this bit of cash can now afford the place himself so doesn't need to move (or moves to a friend's dining room to sleep on a couch for a bit). Then the day the house goes on the market the tenant walks to the EA office to make an offer...  Would this be legally acceptable? (Taking into account the fact that effectively LL has funded the purchase).
    Legally acceptable in what sense?
  • ProDave
    ProDave Posts: 3,785 Forumite
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    I can't see any payment the LL offers being significant as a percentage of the value of the building.
  • silvercar
    silvercar Posts: 49,929 Ambassador
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    Emily_Joy said:
    Not that it is going to help the OP, but hypothetically... The LL wants to sell and serves S21, which turns out to be invalid (twice). Then they offer cash to the tenant to move out. The tenant with this bit of cash can now afford the place himself so doesn't need to move (or moves to a friend's dining room to sleep on a couch for a bit). Then the day the house goes on the market the tenant walks to the EA office to make an offer...  Would this be legally acceptable? (Taking into account the fact that effectively LL has funded the purchase).
    The tenant won't get the cash until they are out of the door and signed a surrender of the tenancy. 

    They can then buy the property if they wish, competing against any other interested buyer.
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  • Emily_Joy
    Emily_Joy Posts: 1,526 Forumite
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    ProDave said:
    I can't see any payment the LL offers being significant as a percentage of the value of the building.
     There was a thread when tenant was offered 10K to leave. So if they also have, say, 15K in a bank already it might be OK for a property under 200K
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,718 Forumite
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    Emily_Joy said:
    ProDave said:
    I can't see any payment the LL offers being significant as a percentage of the value of the building.
     There was a thread when tenant was offered 10K to leave. So if they also have, say, 15K in a bank already it might be OK for a property under 200K
    I find it hard to believe someone with £15k in a bank would be unable to 'afford' to move.

    But in your hypothetical situation, as long as we could agree a reasonable market price for the property, it would be the equivalent of dropping the price to facilitate a quick sale (though I would prefer they approached me with the proposal BEFORE I had signed the EA contract...).  
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
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